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Higgins, In re

Ruling
Judgment creditor failed to prove that the debtor filed the Chapter 13 case in bad faith wherethe judgment had not been discharged in the first bankruptcy case due to the debtor's failureto list the claim. (Bankr. E.D. Pa.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on January 25, 2024 , LexisNexis #0324-093

Stream TV Networks, Inc., In re

Ruling
Appointment of a Chapter 11 trustee to evaluate the debtors' operations, prospects, and abilityto successfully reorganize was in the best interests of creditors and the estate. (Bankr. E.D. Pa.)
Issue(s)
Conversion or Dismissal.

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Commercial opinion summary, case decided on January 05, 2024 , LexisNexis #0224-094

Billig, In re

Ruling
Creditor's proof of claim was disallowed in part as the debtors' testimony was deemed morecredible than that of the creditor. (Bankr. E.D. Pa.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on January 03, 2024 , LexisNexis #0224-081

City of Chester, In re--City of Chester v. PHCC LLC

Ruling
Pledged revenues were not proceeds, products, offspring, or profits derived from prepetitionproperty and were excepted from creditors’ prepetition security interests. (Bankr. E.D. Pa.)
Issue(s)
Postpetition Effect of Security Interest.

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Commercial opinion summary, case decided on November 03, 2023 , LexisNexis #0124-014

Jeffery, In re

Ruling
Counsel for Chapter 7 trustee was entitled to compensation where counsel's services inconnection to the settlement of that claim were essential to the furtherance of both the trustee'sposition and the debtor's case. (Bankr. E.D. Pa.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on November 02, 2023 , LexisNexis #0124-001

Terrace Hous. Assocs., Ltd., In re

Ruling
Bankruptcy court lacked subject matter jurisdiction to reopen case dismissed for being filedon behalf of a corporate debtor by a non-attorney. (Bankr. E.D. Pa.)
Issue(s)
Closing and Reopening Cases; When to Close.

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Commercial opinion summary, case decided on October 25, 2023 , LexisNexis #1223-079

Clark, In re

Ruling
Relief from stay to pursue eviction denied as the landlord and debtor had an enforceable rentto-own agreement for the property. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1123-078

Legarde, In re

Ruling
Settlement term sheet was a binding contract and it was fair and equitable for the purposes ofFed. R. Bankr. P. 9019 as a benefit to a third person was sufficient consideration to sustain apromise. (Bankr. E.D. Pa.)
Issue(s)
Compromise and Arbitration.

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Consumer opinion summary, case decided on September 14, 2023 , LexisNexis #1123-100

Hercker, In re--Malvern Bank, N.A. v. Hercker

Ruling
Court found that the record could not support a summary ruling on denial of discharge as theparties disputed what inference could be made from debtor’s statements. (Bankr. E.D. Pa.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on August 14, 2023 , LexisNexis #1023-041

Scungio Borst & Assocs., LLC, In re

Ruling
Subcontractors willfully violated the automatic stay when they filed liens against estateproperty with knowledge of the debtor's bankruptcy. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on August 04, 2023 , LexisNexis #0923-080